Hourly Update

Nader loses ballot appeal in Arizona

Independent Ralph Nader lost his last potential chance of getting listed on the ballot in Arizona this year. The 9th U.S. Circuit Court of Appeals on Friday rejected a request by Nader for an emergency order putting his name next to those of the Democratic, Republican and Libertarian candidates. In their three-page order, the judges sidestepped the legal arguments made by Nader's lawyers that various provisions of Arizona law are unconstitutional. Instead, the court concluded that he waited too long before seeking legal relief, pointing out that early voting started here two weeks ago. Attorney Robert Bernhoft said that still leaves Nader free to pursue his challenge to the state election laws. But he said that Friday's decision leaves no grounds to appeal to the U.S. Supreme Court. Arizonans remain free to vote for Nader as a write-in candidate. Two Democrats, with party backing, went to court in June challenging whether Nader had the necessary signatures to qualify for ballot status. Nader supporters subsequently withdrew their petitions, conceding that they did not have the legally required 14,694 names if petitions circulated by those who were not Arizona residents could not be counted. Nader then asked a federal judge to put his name on the ballot anyway, saying that residency requirement is unconstitutional. That lawsuit also challenged the requirement that independent candidates submit their petitions by early July. Nader noted that the two major parties could wait until after their conventions in August and September to submit their names. When the federal judge refused to issue an emergency order declaring Nader a listed candidate, the campaign went to the appellate court. Bernhoft, while expressing disappointment with Friday's ruling, vented most of his anger at the Democrats. "The Democratic party and their various proxies have engaged in wholesale scorched-earth litigation practices coast to coast and north to south," he said. "They've pressed Nader's resources and ability to litigate all of these matters and they've achieved a couple of minor victories in the process." Democrats, including state party Chairman Jim Pederson, have made no secret that they do not want Nader on the ballot here or elsewhere. They believe that a vote for Nader is one that otherwise would go to John Kerry. Nader did have ballot status in Arizona four years ago as the Green Party candidate. But the 45,645 votes he picked up at that time was only half of the margin of difference that George W. Bush had over Al Gore. Friday's ruling still leaves Nader the legal option of pursuing his challenge to the residency requirement for petition circulators as well as the July filing deadline. Bernhoft said he believes there is no legitimate purpose for either. He said these laws were passed by a state legislature dominated by the two major parties. Only one of the 90 lawmakers in Arizona is an independent.